Sales Representation Sample Clauses
A Sales Representation clause defines the statements or assurances made by one party, typically the seller, regarding the products or services being sold. This clause outlines what the seller guarantees about the quality, condition, or legal status of the goods, such as confirming that the products are free from defects or that the seller has the right to sell them. Its core practical function is to provide the buyer with confidence in the transaction and to allocate risk by holding the seller accountable for the accuracy of their representations.
Sales Representation a. Direct Seller shall:
I) At the initiation of a sales representation, without request, truthfully and clearly identifies themselves, the identity of the Company, the nature of the goods or services sold and the purpose of the solicitation to theprospect/consumer.
II) Offer a prospect/consumer accurate and complete explanation and demonstration of goods, prices, terms of payment, return, exchange, refund, delivery and shipment, and payment policiesand all other relevant information.
III) A Direct Seller engaged in direct selling shall carry their identity card mandatorily and not visit the consumer’s/prospect's premises without prior appointment/consent.
b. Direct Seller shall not:
i. Sell any products on the e-commerce platform/marketplace without prior written approval from the Company,
ii. Sell or market any product/s at a discounted/lower price or offer cashbacks without prior written approval of the Company,
iii. Use any unfair trade practices; any kind of misleading/tampering which will result in delisting the Direct Seller and they shall never be allowed to become a Direct Seller of the Company again,
iv. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the marketing plan/compensation plan, direct selling operation, remuneration system, Direct Seller contract, the products details, including the policy & procedures of the company which is false or misleading.
v. Induce or encourage any consumer to purchase products in unreasonably large quantities which cannot be consumed in a reasonable time or which the consumer can purchase after the consumption of existing stock.
vi. Induce a consumer to make a purchase based upon the representation that they can reduce or recover the price by referring customers to them for similar purchases.
vii. Induce or encourage Direct Sellers recruited by them or prospects to purchase products in unreasonable large quantity or for an amount which cannot be expected to be sold in a reasonable time.
viii. Present direct selling/ multi- level marketing to a prospect/consumer as form of market research.
ix. Provide any literature/marketing collateral/training material which are not issued by the company or its authorized channel/s to a prospect/consumer and without the contact information of the directs seller.
x. Require prospects/consumers to purchase any literature/marketing collaterals/ training materials/sales demonstration equipment.
xi. Cross canvasing a consumer who is alre...
Sales Representation. Institution has represented to ▇▇▇▇▇▇ & ▇▇▇▇▇ College that sales for the year ended June 30, 2021 were $145,647.96, net of all refunds, voids, sales tax, low or no margin sales, and discounts provided to customers, as provided by Institution on July 7, 2021. This figure includes sales in all locations for which ▇▇▇▇▇▇ & ▇▇▇▇▇ College will assume operations. Because ▇▇▇▇▇▇ & ▇▇▇▇▇ College based its financial offer in reliance on this figure and maintaining the existing business and programs, the parties agree to renegotiate the financial terms of the Agreement if the reported sales are found to be in error or materially inaccurate.
Sales Representation. Pacific Star Corporation understands the importance of effective sales representation tailored to the unique needs of each institution. Our approach to sales representation balances accessibility, responsiveness, and personalized service to ensure optimal support for our clients. Given our location in Houston, TX, our sales representatives are available Monday to Friday from 8 am to 5 pm CST to assist clients via various communication channels, including email, phone calls, conference calls, and virtual team meetings. This availability ensures that clients can reach out to us conveniently, and our team can promptly address any inquiries, concerns, or assistance needed. We recognize that not all institution accounts require full−time on−campus representation. Therefore, our sales representation strategy is flexible and adaptive, tailored to the specific requirements of each client. For institutions where regular on−campus visits are necessary or beneficial, we can plan for our sales representatives to visit the campus for scheduled visits. These visits can be arranged based on the client's preferences and needs, ensuring a personalized and attentive approach to sales support. Additionally, our sales representatives are equipped with comprehensive knowledge of our products and services, allowing them to provide expert guidance and assistance to clients during interactions. Whether it's discussing product specifications, addressing pricing inquiries, or providing product demonstrations, our sales team is committed to delivering high−quality service and support to our clients. In summary, Pacific Star Corporation's sales representation plan prioritizes accessibility, responsiveness, and personalized service to meet the diverse needs of our clients. Our sales representatives are available to assist clients through various communication channels, and we can accommodate on−campus visits as needed to ensure effective support and engagement.
Sales Representation. (a) Subject to the terms and condition of this Agreement, NECI hereby appoints Omni Solutions, and Omni Solutions hereby accepts such appointment, as NECI’s representative for the sale of Products anywhere in the world. The appointment of Omni Solutions by NECI is on a non-exclusive basis.
(b) During the Term, Omni Solutions shall use its best efforts on a continuous basis to produce acceptable Lab Deployments and sales of Products, make a diligent investigation of each inquiry from a Prospective Customer, make diligent and aggressive efforts to interest suitable prospects in the Products, diligently use NECI’s marketing materials, provide advice to NECI in the development of new marketing materials and programs, and cooperate with NECI and its advertising and public relations consultants.
(c) Omni Solutions will provide NECI and DataMEG with detailed reports regarding its sales and marketing activities on a weekly basis.
(d) Omni Solutions shall perform all services under this Agreement as an independent contractor and not as an agent of NECI. Omni Solutions is not authorized to assume or create any obligation or responsibility on behalf of, or in the name of NECI or purport to bind NECI in any manner whatsoever.
(e) Omni Solutions acknowledges that it has no authority to bind NECI to any Lab Deployment, Purchase Order, or other sale, installation, deployment, or transfer of any Products and agrees that it will not attempt to do so or represent to any Prospective Customer that it has the authority to do so. Further, Omni Solutions has no power or authority to act for or on behalf of, or to bind NECI in any other manner not expressly specified herein, and agrees that it will in no event exceed the authority granted to it herein, hereby agreeing that it will refer all doubtful issues to NECI for instructions and guidance. In no event will Omni Solutions provide any Product information to Prospective Customers that varies from, is contradictory with, or is in excess of the information provided by NECI, nor will Omni Solutions make any statement, offer, claim or commitment that has not been authorized by NECI.
(f) The parties acknowledge that it is illegal for either NECI or Omni Solutions to refuse to deal with or sell Products to any person because of unlawful discriminatory reasons. Each party represents to the other that it will act in accordance with all applicable anti-discrimination laws; and each party agrees to indemnify and defend the other against ...
Sales Representation a. ▇▇▇▇.▇▇▇ hereby appoints BBDC as its sole and exclusive (subject to Sections 1.d and 9.b below) agent for the purpose of marketing and selling of any and all product specific advertising and manufacturer promotional advertising ("Covered Advertising") on the ▇▇▇▇.▇▇▇ Site during the term of this Agreement (as defined in Section 9.a below, the "Term"). BBDC hereby accepts such appointment, and will use its best efforts to market and sell Covered Advertising during the Term. Covered Advertising will include, but not be limited to, banner ads, text links, graphics links, branded buttons, infomercials, manufacturer sponsored surveys, manufacturer sponsored trials, promotions, or other manufacturer advertising activities promoted in conjunction with ▇▇▇▇.▇▇▇ for products that are stocked and inventoried by BBDC.
b. ▇▇▇▇.▇▇▇ will identify BBDC on rate cards and applicable promotional literature as ▇▇▇▇.▇▇▇'s advertising representative for the sale of Covered Advertising.
c. ▇▇▇▇.▇▇▇ and BBDC will jointly create and mutually agree to a manufacturer advertising plan ("Advertising Plan") for Covered Advertising, including the amount of advertising space available for Covered Advertising and its price, duration and rotation schedules. The Parties will use commercially reasonable efforts to have the Advertising Plan completed and approved by both Parties prior to actual sales of Covered Advertising. The Advertising Plan will include a planned promotional calendar, including manufacturers, products, product categories, and special events. The Advertising Plan and promotional calendar will reflect the parties' agreed-upon strategic approach and will be revised and updated no less than annually. ▇▇▇▇.▇▇▇ and BBDC agree to identify individuals within their respective companies who will be responsible for implementation and maintenance of the Advertising Plan.
d. For products not stocked and inventoried by BBDC that ▇▇▇▇.▇▇▇ would like to sell via the ▇▇▇▇.▇▇▇ Site, and potentially obtain advertising revenues for, BBDC will have 30 days after receipt of a request from ▇▇▇▇.▇▇▇ that BBDC supply it such product, to begin to stock and inventory such product. In the event that BBDC refuses or is otherwise unable to stock and inventory any such products within the foregoing 30 day period, ▇▇▇▇.▇▇▇ will have the right to purchase and seek manufacturer advertising revenue for those products on its own with no obligation to BBDC.
Sales Representation. Following the first anniversary of the effective date of this Agreement, Next and ▇▇▇▇▇▇ may enter into negotiations related to continued sales representation by ▇▇▇▇▇▇ or Gaddco of Next or S-2-S Acquisition.
Sales Representation. BION and X agree that X may from time to time undertake activities designed to sell Bion NMS systems or assist BION in such sales activities. In the event that a sale is made as a direct result of these efforts, a cash commission in an amount to be negotiated for each sale will be paid by BION to X. If either of the PARTIES desire to pay or receive such commission in Bion Environmental Technologies, Inc. common stock (or equivalents) or in BionSoil, the PARTIES agree to negotiate in good faith as to the quantity and price of such substitute payment.
Sales Representation. 3.2.1 Distributor will maintain and manage a nationwide sales force, to be made up of in-house and independent sales representatives, for the purpose of soliciting orders from bookstores and other trade accounts, such representation to include fair and reasonable presentation of Publisher's books at the national chains and national and regional wholesalers.
3.2.2 Distributor will endeavor to maximize sales for Publisher's new and backlist books through trade outlets, with consideration given to Publisher's expectation for sales and consistent with Publisher's level of promotion publicity and advertising for such books as well as with sound business practices within the publishing industry.
3.2.3 Distributor will conduct sales conferences for trade representatives before the commencement of each selling season. Publisher's new titles will be presented at these conferences by Distributor.
3.2.4 Distributor will exhibit at its own expense at the annual BEA trade show and selected national and regional trade and library conventions as determined by Distributor, representing Distributor's complete line of publishers and titles. For those publishers who wish to attend shows and represent their own lines in Distributor's booth, Publisher will be charged a prorated fee based on the space used. Space for publisher display may be limited. Publishers may also elect to display separately at any of these shows or conventions.
3.2.5 Distributor will provide its major trade accounts with sample copies of Publisher's books (see Paragraph 4.9) and will keep them apprized of significant review attention, promotion, publicity and advertising.
Sales Representation